Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning that immigrant visas (or green cards) would be available for persons whose priority…
It is very common for beneficiaries of family based petition to wait many years before their petition’s priority date becomes current. This is usually the case with US Citizen parent petitions to adult son or daughter. This is also common among petition’s between Siblings. What happens when the Petitioner dies? Are all those years of…
QUESTION: I want to petition an orphan. What must I do? Answer: A USC can petition for an orphan under age 16. In order to be an orphan, both parents must have died, disappeared, or abandoned the child. If there is a sole or surviving parent, he or she must be incapable of providing for…
The Democrats and Republicans have held their conventions where they nominated their presidential candidates and released their respective party’s platform – representing who they are, what they stand for, their vision and proposals for various aspects of American life, their positions on various subjects, and the types of laws they would pass, if elected. As…
Dear Atty. Gurfinkel: I have a 10-year multiple B-1/B-2 visa. I entered the US, and was given six months by the Immigration Officer at the airport, but overstayed by only a few years. I would like to take a brief vacation to the Philippines, in order to visit my family during the holidays, but I…
YOU filed on or after August 15, 2012, your From I-821D, consideration of Deferred Action for Childhood Arrivals (DACA) with Form I-765, Application for Employment Authorization, and Form I-765 WS (Worksheet) with the $465 filing fee, two photos, and supporting documents: at the Phoenix Lockbox (USCIS, P.O BOX 20700, Phoenix, AZ 85036-00700), or by courier…
(Part 2) In a previous article, I discussed some reasons why you should consider hiring an attorney in connection with preparing and submitting your DACA request. Here are some more reasons to consider, in connection with the decision of hiring an attorney: Have you ever been arrested, charged with, or convicted of any crime? After…
QUESTION: What is deferred action? Answer: Deferred action is a discretionary decision by DHS not to pursue enforcement against a person for a specific period. A grant of deferred action does not alter an individual’s existing immigration status or provide a path to citizenship. Thus, deferred action cannot be used to establish eligibility for an…
The USCIS has recently hired hundreds of extra workers throughout the country for immediate training and assignment in the processing of Deferred Action for Childhood Arrivals (DACA) applications. The USCIS began accepting applications on August 15, 2012, for which it charges a fee of $465.00, including accompanying requests for work authorization. Over the past 14…
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today marked a significant milestone in its efforts to provide relief to victims of crimes by approving the statutory maximum 10,000 petitions for U nonimmigrant status, also referred to as the U-visa. This is the third straight year USCIS has reached the statutory maximum since it began…
A petition for nullity of a marriage is based on an allegation that an impediment existed at the time of the marriage that prevented the marriage from ever existing. Whereas a petition for dissolution of a marriage typically alleges that some issue arose during the marriage that precludes it from continuing further (i.e. “irreconcilable differences”),…
(Part 1) On June 15, 2012, the Obama Administration announced a new policy of Deferred Action for Childhood Arrivals, which is now being referred to as “DACA.”Additional guidance, and a DACA application form (I–821D) were issued on August 14, 2012, and DHS began accepting DACA applications as of August 15, 2012. Under this program, the…
On August 15, 2012 the USCIS began accepting applications for Deferred Action for Childhood Arrivals (DACA) and accompanying request for work authorization, pursuant to the Obama Administration’s promise to accord Deferred Action Status (DAS) and work authorization for people who would otherwise have been eligible under the ill-fated DREAM Act. Over the past 5 days,…
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning that immigrant visas (or green cards) would be available for persons whose priority…
On Tuesday, August 14, 2012 USCIS announced that Form I-821-D will be used fro the filing of applications for Deferred Action for Childhood Arrivals benefits (DACA) also known as Deferred Action Status for DREAMERS. The USCIS also reissued its expanded guidelines for the program, reminding people that August 15, 2012 is the first day on…
Question: What are some documents that can be used to document the Arrival Requirement? Answer: The documents that may be accepted by USCIS to satisfy this criterion includes, but is not limited to: • Financial records • Medical records • School records • Employment records • Military records What can be used to document the…
ON FRIDAY, August 3, 2012 the USCIS issued new guidelines and Frequently Asked Questions (FAQs) to clarify the rules and requirements for “Childhood Arrivals” to the US who may benefit under the “DREAM ACT” Deferred Action Status (DAS) initiative announced on June 15, 2012. There are an estimated 1,000,000 people living in the US who…
US citizens will soon be voting in the upcoming presidential elections. As election time nears, many groups try to register as many people as possible and increase the turn-out of voters. However, only US citizens can vote. If you are not a US citizen, but you register to vote, or voted in an election, it…
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today launched its online Multilingual Resource Center, a new feature on www.uscis.gov. The center provides a central location for USCIS resources in a variety of languages, to include – Haitian Creole, Polish and Vietnamese. Offering certain immigration application information in other languages helps ensure USCIS communicates across…
Dear Atty. Gurfinkel: I have a 10-year multiple B-1/B-2 visa. I entered the US, and was given six months by the Immigration Officer at the airport, but overstayed by only a few years. I would like to take a brief vacation to the Philippines, in order to visit my family during the holidays, but I…
WITH the August 15, 2012 start date for the filing of Deferred Action Status (DAS) and work authorization for otherwise “DREAM ACT” eligible people, thousands of applicants are preparing to file in advance and gain a jump start on processing delays inherent within the USCIS. On Friday, June 15, 2012, Department of Homeland Security (DHS)…
ON JUNE 15, 2012, Pres. Obama announced from the White House Rose Garden that the Department of Homeland Security will grant deferred removal action for undocumented youth who meet strict eligibility requirements. This is welcome news to thousands of alien youth illegally in the United States who will be saved from unjust removal. But their…
ON OR about March 21, 2012, in South Gate, California, the crime of home invasion robbery, in violation of Penal Code Section 211, a felony, was committed by four individuals, who unlawfully and by means of force (two guns) and fear took personal property from four victims in an inhabited dwelling. Counts and gun enhancements…
WITH the USICE Prosecutorial Discretion program under way, thousands of cases pending before the US Immigration Courts and Board of Immigration Appeals (BIA) are ripe for review to determine whether such cases should be terminated or administratively closed and the Respondents in those proceedings should be allowed to stay and work legally in the US….
BOTH the President and the Department of Homeland Security (DHS) have recently issued statements urging people who may qualify for deferred action status and work authorization under the DREAM Policy initiative to gather evidence necessary to prove the five requirements for DREAM treatment. Since perhaps more than one million people could potentially benefit from this…
Recently, there was a story making national news, about a high school student who got stuck in Mexico while applying for her immigrant visa. Shewould not only miss her high school graduation, but she would also bebanned from returning to the US for three years. According to news reports, this student was brought to the…
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning that immigrant visas (or green cards) would be available for persons whose priority…
ON June 15, 2012, the Department of Homeland Security (DHS) Secretary Janet Napolitano announced that the DHS would consider granting Deferred Action Status (DAS) to many young people in the United States who would have qualified for the ill-fated policy. In the absence of any Congressional movement on Immigration Reform and Congress’ repeated failure to…
FOR those that have anticipated the DREAM Act to become reality, we are one step closer. On June 15, 2012, the Obama Administration revealed a new initiate which will orders the Department of Homeland Security (DHS) to STOP DEPORTING YOUNG PEOPLE. The initiative is meant to allow children who came to the United States with…
As most people are aware, on June 15, 2012, Homeland Security Secretary Janet Napolitano announced that “effective immediately,” certain young people would be eligible for “Deferred Action” (relief from removal), provided they meet certain eligibility requirements: Be between the ages of 15 and 30, and entered the US before their 16th birthday. Were physically present…
